Thread: Bill would make deporting illegals easier...

Bill would make deporting undocumented immigrants easier

Web Posted: 06/07/2006 08:07 PM CDT
Gary Martin
Express-News Washington Bureau



WASHINGTON — Texas lawmakers filed a bill Wednesday that would overturn a longstanding court injunction and make it easier to deport undocumented immigrants from El Salvador and other countries who qualify for temporary protected status under federal law.



The legislation would close a legal loophole under which criminals, including members of a violent Salvadoran gang, have been allowed to stay in the United States pending court hearings, the bill's sponsors said.

“We must not allow terrorists and criminals from around the world to abuse loopholes in our legal system, turning our Southwest border into a revolving door,” said Rep. Henry Bonilla, R-San Antonio.

Groups representing immigrants and Latino rights said the legislation would reverse the Orantes injunction, issued in 1988, that grants Salvadorans and others fleeing persecution the right to an asylum hearing.

“It's a pretty outrageous effort to overturn a decision by a court,” said Cecilia Munoz with the National Council of La Raza, the nation's largest Latino rights organization.
“It's another example of members of the House overreaching on this issue at a time when the House ought to know better,” Munoz said.

The bill filed by Bonilla and Rep. Lamar Smith, R-San Antonio, comes as the country is wrapped in a bitter debate over immigration reform proposals.

President Bush traveled to the Southwest border this week to tout federal efforts to crack down on illegal immigration, and to urge lawmakers to pass a comprehensive immigration bill that would eventually provide citizenship for nearly 12 million undocumented immigrants.

A Senate immigration reform includes a provision by Sen. John Cornyn, R-Texas, which would make it easier for federal officials to deport undocumented Salvadoran immigrants.

A House border enforcement bill passed last December does not include provisions addressing court protections for asylum seekers and full deportation proceedings for Salvadoran immigrants.

Bonilla said the White House backs the legislation.

The lawmakers worked with Justice Department and the Department of Homeland Security officials to write the bill that would remove legal hurdles that have kept federal agents from deporting undocumented immigrants who are “Other Than Mexican,” or OTMs, Bonilla said.

Undocumented Mexican nationals apprehended by Border Patrol are routinely returned to Mexico. Those from other countries are detained and some released with notices to appear before immigration judges.

More than 80 percent of those released never return to court.

According to the Border Patrol, about 160,000 OTMs were apprehended last year, and Salvadorans represent the largest number.

The Bush administration has filed a motion in a federal court in Los Angeles that would end the Orantes injunction,which entitled Salvadoran immigrants fleeing a civil war the right to an asylum hearing.
That injunction has made it difficult for U.S. federal immigration authorities to deport undocumented Salvadoran immigrants, 11 years after the civil war in that country ended and a democratic government installed, Bonilla said.

But there are still a substantial number of Salvadorans with good faith asylum claims that should have the right to a court hearing, said Linton Joaquin, a Los Angeles attorney with the National Immigration Law Center who helped win the Orantes injunction.

Joaquin said the proposed legislation would go even further, limiting the court to address violations or relief or consideration of cases.

Angela Kelley with the National Immigration Forum in Washington, an immigration advocacy group, said the legislation is an attempt to limit the courts' jurisdiction.

“They are trying to do an end run around the courts,” Kelley said.

The Orantes injunction, in particular, was the result of a disproportionate number of denials by federal immigration authorities of Salvadoran claims for asylum and a hearing.

“This is not an arbitrary court ruling,” she said.

Smith, however, said the Orantes injunction has become a loophole that has been exploited by members of drug cartels and Mara Salvatrucha, a violent Salvadoran gang known as MS-13, to thwart immigration laws and win release after apprehension by immigration authorities.

Smith, a member of the House Judiciary subcommittee on immigration, said the bill would allow federal immigration officials to deport undocumented Salvadoran immigrants under the expedited removal process, which was created in his 1996 legislation on illegal immigration.

“The U.S. government expanded the number of people subject to expedited removal in recent years and this bill will continue the expansion,” Smith said.

Bonilla said the bill would help federal agents end the “catch and release” program, that allowed many Salvadoran immigrants caught at the U.S.-Mexico border to be released into border communities with a notice to appear in courts.

“The efforts of our law enforcement officials to catch, detain and deport those who enter illegally must not be obstructed by those looking to abuse the system,” Bonilla said.

Bush, speaking on immigration reform in Omaha on Wednesday, pledged an end to the catch and release program by increasing the number of detention facilities.

“And I'm working with the countries to encourage their leaders to accept back those who have been caught trying to sneak into our country,” Bush said.

The president spoke Wednesday with Salvadoran President Antonio Sacca about U.S. immigration policy, said White House spokesman Tony Snow.

http://www.mysanantonio.com/news/metro/ ... 91264.html

This may sound simple minded...but why can you sue a manufacturer for releasing a sub standard product on the public which causes harm, but we can't sue the Federal Government for releasing criminals into society.

Isn't this the reason that we have laws to protect the public? Can't we bring suit against the Feds when they fail to follow the laws and thereby fail to protect the public?

If one of the Federal Government's "products" are laws to protect the public and these laws are not enforced isn't this dereliction of duty and therefore give a basis for a law suit by people harmed?

Just a thought.

It's a pretty outrageous effort to overturn a decision by a court,” said Cecilia Munoz with the National Council of La Raza, the nation's largest Latino rights organization.
“It's another example of members of the House overreaching on this issue at a time when the House ought to know better,” Munoz said. ""

Talk about overreaching, Laraza needs to be disolved. All they do is overreach, into the taxpayer piggy bank.

What possible reason could Munoz have for wanting Salvadoran gang members remain in our country? We must get rid of this organization.

When it comes to the sovreignty of our country the House and Senate have been doing a job of 'underreach' for forty years.

Why in the world should a useless and dangerous law such as this remain on the books? Only LaRaza would protest...down with Munoz...down with LaRaza...

MJ

It's another example of members of the House overreaching on this issue at a time when the House ought to know better,” Munoz said.

I think that Just because this woman worked in the Clinton White House doesn't make her an authority on what the house should or should not know. LaRaza needs to stop trying to run this country , it is not Aztlan yet.

America is becoming lawless!

Our government turns their heads to allow big business, illegals and these special interest groups to break laws....

Our government ties hands of local police to enforce our laws.

Special interest groups break our laws, or demand they be changed that only enforces more crime.

It seems our whole Country is becoming lawless....no one has pride in Country or American jobs anymore....it's the almighty buck.....if one can make money by breaking laws, it seems it's ok.

I don't know how we can enforce pride, patriotism, and honor into our society anymore. I think we have lost the America we once knew.

Kid's no longer respect their elders, the law..nothing.....we need our young people to stand up now.....we need them to show America there is still some good left here.